The City Council of Málaga has recorded 35,257 fines of 200 euros in the Low Emission Zone since November 2025, despite the TSJA annulling the ordinance for being discriminatory. The council is considering appealing to the Supreme Court while the fines remain active.
The Low Emission Zone (ZBE) of Málaga has generated 35,257 fines of 200 euros in just six months, according to data confirmed by the City Council. This figure contrasts with the ruling of the Superior Court of Justice of Andalusia (TSJA) that annulled the ordinance in June 2026 for discriminating against vehicles whose circulation tax is paid outside the capital. However, the fines have not stopped.
A legal tangle unresolved
The TSJA considered that the ordinance violates the principles of equality and free movement by exempting vehicles registered in Málaga from fines for the first five years. The measure, which aimed to facilitate the ecological transition, was labelled discriminatory for drivers from other municipalities. The City Council is studying an appeal to the Supreme Court, but in the meantime, the sanctioning regime remains in force.
The weekly average of complaints is 1,400 fines, peaking at 1,652 in February 2026. Each infraction incurs a fine of 200 euros, reducible to 100 for early payment, and does not deduct points from the driving licence. In total, the estimated revenue ranges between 3.5 and 7 million euros, an amount that the opposition demands be allocated to sustainable mobility and park-and-ride facilities.
The fines continue to be issued even though the ordinance has been annulled, and the City Council could be forced to refund all collected amounts.
What happens with fines already imposed?
The City Council defends that it legally cannot halt the fines until the ruling is final or the ordinance is amended. This leaves fined drivers in a legal limbo: if the Supreme Court confirms the annulment, they could claim a refund. For now, the Local Police continues to fine daily vehicles without an environmental label whose circulation tax is domiciled outside Málaga capital.
Councillor Toni Morillas (Con Málaga) has criticized the governing team for not halting the fines and has reminded that the 5,000 promised park-and-ride spaces in 2023 have yet to be built. "De la Torre promised 5,000 spaces and has not built a single one," she emphasised. For Málaga drivers, the uncertainty is total: if they enter the centre without a label, they risk a fine that could be declared null.
The future of the ZBE: more restrictions and more doubts
By the end of 2026, it is expected that fines will extend to vehicles with label B, the second most polluting. This expansion will overlap with judicial uncertainty, which could generate even more confusion. The City Council defends that the ZBE has removed an average of 25,000 cars daily from the centre, a figure that supports its environmental impact. However, the current legal insecurity calls its implementation into question.
For the Málaga reader, the recommendation is clear: if you have a car without a label and pay the IVTM outside the capital, avoid driving in the ZBE until the situation is clarified. The fines will not cease, and the possibility of a massive refund of collected amounts is becoming increasingly real.
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